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  • Chrs2fer23

    Active Member
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    Aug 13, 2010
    499
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    El Paso,Tx
    hello everyone...

    I have a pistol I want to sell but am not sure of the laws. Do I have to have an FFL ship it to another FFL, or can I ship it myself to an FFL of the purchaser?

    thanks for any help....I know it's a noob question, but I haven't sold one other than FTF before....never shipped.

    Chris
    Hurley's Gold
     

    michael e

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    Jan 12, 2011
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    Houston
    Just sold one about 30mins ago. Was to a friend, FTF he gave me cash I gave him gun. Thats all. I know hes not a felon. Some people do a bill of sale but it's not required. Personaly I only sell to someone I know, have bought from several people on fourms over the years.
     

    Texas1911

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    May 29, 2017
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    Austin, TX
    It is also my understanding that handguns cannot be shipped from individual to individual.

    I believe you can ship it directly in state, but it's a logistics issue. USPS will not do it, and Fedex / UPS will only deliver to an FFL.

    Laws are retarded sometimes.
     

    Chrs2fer23

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    Aug 13, 2010
    499
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    El Paso,Tx
    Don't know why I was being so lazy....It's so easy to look up.......









    BATF - Firearm Shipping Regulations
    ATF_Mini_Logo.gif







    Nonlicensee
    [18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1)]
    (B7) May a nonlicensee ship a firearm through the U.S. Postal Service?
    A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
    [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

    (B8) May a nonlicensee ship a firearm by common or contract carrier?
    A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
    [18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

    (B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
    Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
    FFL Dealers:
    (F14) Who may ship handguns through the U.S. Postal Service?
    Federal firearm licensees may send an unloaded handgun in the mail to another FFL in customary trade shipments. Handguns also may be mailed to any officer, employee, agent, or watchman who is eligible under 18 U.S.C. 1715 to receive pistols, revolvers, and other firearms capable of being concealed on the person for use in connection with his or her official duties.
    However, postal service regulations must be followed. Any person proposing to mail a handgun must file with the postmaster, at the time of mailing, an affidavit signed by the addressee stating that the addressee is qualified to receive the firearm, and the affidavit must bear a certificate stating that the firearm is for the official use of the addressee. See the current Postal Manual for details.
    The Postal Service recommends that all firearms be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. (See also Questions B7 and B8.)




    I take from this that I CAN ship person to person within my own state....no USPS.....
     

    Robmoo

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    Apr 5, 2011
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    Arlington
    Check with your local FFL. It might be cheaper for him to handle the shipping. Non FFL's have to shipp handguns overnight which is very expensive while an FFL can go to the USPS and use one of those flat rate boxes. I sold a rifle and a handgun. It was MUCH cheaper, to pay my FFL $15 per firearm for him to handle the shipping. UPS wanted $80 to overnight the pistol. My FFL did it for $15 plus $8.95 for the flat rate box.
     
    Rating - 100%
    9   0   0
    Aug 17, 2010
    7,576
    96
    Austin
    But what carrier will handle them?????
    UPS or FedEx. Because you are mailing in state you are not required to tell them you are sending a firearm. Also, if you are sending to an out of state FFL you are not required to tell them you are sending a firearm and do not have to pay for overnight delivery.
     

    Charlie

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    Mar 19, 2008
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    'Top of the hill, Kerr County!
    UPS or FedEx. Because you are mailing in state you are not required to tell them you are sending a firearm. Also, if you are sending to an out of state FFL you are not required to tell them you are sending a firearm and do not have to pay for overnight delivery.

    What I'm reading in those regs. on page 1 is you are "required" to tell the common carrier you are shipping a handgun. Third sentence under B8. Am I misreading that?
     
    Rating - 100%
    9   0   0
    Aug 17, 2010
    7,576
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    Austin
    What I'm reading in those regs. on page 1 is you are "required" to tell the common carrier you are shipping a handgun. Third sentence under B8. Am I misreading that?
    You are required to tell the carrier but only under certain conditions. The real law is in USC:

    TITLE 18 > PART I > CHAPTER 44 > § 922
    http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000921----000-.html
    § 922. Unlawful acts


    (e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
     
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    9   0   0
    Aug 17, 2010
    7,576
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    Austin
    So it's OK if it's on you and your a passenger? I'm still not seeing anything in there that says you can ship it without notification to the carrier.
    922 (e) says you must notify the carrier if you are shipping a firearm in interstate commerce, but not if the recipient is an FFL folder. Shipping a gun to another address within Texas is not interstate commerce.
     

    Charlie

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    Mar 19, 2008
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    'Top of the hill, Kerr County!
    (B8) May a nonlicensee ship a firearm by common or contract carrier?
    A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
    [18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

    This looks pretty clear to me. I don't understand where you're coming from.
     
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